Tribunals, Courts and Enforcement Act 2007

107 (1) Schedule 4 (enforcement: England and Wales) is amended as follows. E+W

(2) In paragraph 1(1) and (2) after “recovery” insert “ , otherwise than under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods), ”.

(3) In paragraph 5 (attachment of earnings etc)—

(a) in sub-paragraph (1A)(a) for “; and” substitute “ (unless paragraph (b) applies); ”;

(b) in sub-paragraph (1A)(b) for sub-paragraph (i) and the words before it substitute—

“(b) where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding—

(i) the amount outstanding at the time when the attachment of earnings order is made, and”;

(c) at the end insert—

“(9) In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

(4) Omit paragraph 7 (distress).

(5) In paragraph 8 (commitment to prison)—

(a) in sub-paragraph (1)(a)—

(i) omit the words from “an authority” to “paragraph 7 above”;

(ii) for the words from “the person” to “levy the amount” substitute “ there are insufficient goods to satisfy an amount under section 14(4) ”;

(b) after sub-paragraph (1) insert—

“(1A) In sub-paragraph (1) the reference to insufficient goods to satisfy an amount under section 14(4) is a reference to circumstances where a person authorised to act under the power conferred by section 14(4) (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has reported to the authority concerned that he was unable (for whatever reason) to find sufficient goods of the debtor to pay the amount outstanding.”;

(c) for sub-paragraph (2)(a) substitute—

“(a) the amount outstanding at the time when the warrant of commitment is issued; and”;

(d) at the end insert—

“(4) In this paragraph “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.”

(6) In paragraph 12 (relationship between remedies) in sub-paragraph (1)—

(a) omit paragraph (c);

(b) in paragraph (d), for “distress” substitute “ the power conferred by section 14(4) ”;

(c) in paragraph (e), for “distress” substitute “ exercise of the power conferred by section 14(4) ”;

(d) in paragraph (f), for “distress” substitute “ exercise of the power conferred by section 14(4) ”.

(7) Omit paragraph 19 (3).

Commencement Information

I1 Sch. 13 para. 107 in force at 6.4.2014 by S.I. 2014/768, art. 2(1)(b)